Fayette County Public Records
How to Find Public Records in Fayette County in 2026
Members of the public seeking government documents in Fayette County, West Virginia, may access a broad range of publicly available information through official county and state channels. FayetteCountyRecords.us provides data and publicly available information related to public records maintained by government agencies in Fayette County. The types of records that may be located through official sources include, but are not limited to:
- Court records (civil, criminal, magistrate, and family court)
- Property deeds, mortgages, and land records
- Vital records (marriage licenses, death records)
- Tax and assessment records
- Voting and election records
- County commission meeting minutes and agendas
- Business licenses and permits
- Law enforcement records, where permitted by law
Records may be searched through official court resources, clerk offices, public access terminals, and online tools maintained by state and county agencies.
Online Access: The West Virginia Judiciary provides statewide online access to circuit and magistrate court records. Members of the public may use the court record access portal to search circuit court records from all fifty-five counties. Magistrate court case records are searchable through the Magistrate Case Record Search tool. No registration is required to conduct basic searches. Property and land records maintained by the County Clerk are accessible through the county's official online systems.
In-Person Requests: Members of the public may visit the Fayette County Clerk's Office, located at 100 Court Street, Fayetteville, WV 25840, during regular business hours, Monday through Friday, 8:30 AM to 4:30 PM. Requestors should identify the record type sought and provide sufficient identifying information to allow staff to locate the document.
Written/Mail Requests: Written requests may be submitted to the Fayette County Clerk's Office at 100 Court Street, Fayetteville, WV 25840. Requests should include the requestor's name, contact information, a description of the records sought, and the preferred format for response. Under West Virginia Code § 29B-1-3, agencies are required to respond to public records requests within a reasonable time.
Phone/Email: The Fayette County Clerk's Office may be reached by telephone at (304) 574-4219. Email inquiries may be directed through the County Clerk's office contact page.
What Are Public Records in Fayette County?
Public records in Fayette County are defined under West Virginia law as any document, paper, or other material created or received by a public body in the course of official business. Under West Virginia Code § 29B-1-2, "public record" encompasses all documents, regardless of physical form or characteristics, that are used, prepared, owned, or retained by a public body. The following categories of records are maintained by county and state agencies:
| Record Type | Maintaining Office |
|---|---|
| Civil and criminal court records | Circuit Court Clerk |
| Magistrate court records | Magistrate Court |
| Family court records | Family Court |
| Property deeds, mortgages, liens | County Clerk |
| Marriage licenses | County Clerk |
| Tax and assessment records | County Assessor / Sheriff |
| Business licenses and permits | County Clerk / State agencies |
| Voting and election records | County Clerk |
| Commission meeting minutes | County Clerk |
| Law enforcement records | Sheriff's Office / State Police |
| Land use and zoning records | County Planning Commission |
Fayette County is the Fifteenth Judicial Circuit, and in Family Court, it constitutes the Fourteenth Family Court Circuit. The county seat is Fayetteville. Court records for the county are accessible through the West Virginia Judiciary's statewide systems.
Is Fayette County an Open Records County?
Fayette County operates in full compliance with West Virginia's statewide open records framework. Under the West Virginia Freedom of Information Act, W. Va. Code § 29B-1-1 et seq., all public bodies in the state, including county agencies, are required to make public records available for inspection and copying upon request. The statute establishes a clear presumption of openness: records are public unless a specific statutory exemption applies.
As stated in the West Virginia Freedom of Information Act, "the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know." This foundational principle governs all public records access in Fayette County.
The West Virginia Attorney General's Office provides guidance to public bodies and requestors on compliance with the Act. County agencies are required to designate a records custodian and respond to requests in a timely manner. No county-specific ordinance supersedes the state open records law; the state statute sets the minimum standard for access.
How Much Does It Cost to Get Public Records in Fayette County?
The fee structure for public records in Fayette County is governed by state law and the policies of the individual office maintaining the records. Under West Virginia Code § 29B-1-3, agencies may charge reasonable fees for the actual cost of reproducing records.
| Fee Type | Standard Amount |
|---|---|
| Photocopies (per page) | $0.50 (standard rate) |
| Certified copies (vital/land records) | Varies by record type |
| Electronic copies | Actual cost of reproduction |
| Record inspection | No charge |
| Search fees | Not permitted under state law |
- Inspection fees: Members of the public are not charged to inspect public records in person.
- Copy fees: Copying fees are assessed at the actual cost of reproduction; the standard rate for paper copies is $0.50 per page at many county offices, though individual offices may set their own rates within statutory limits.
- Certification fees: Certified copies of deeds, marriage licenses, and other instruments carry separate fees established by the County Clerk.
- Electronic format: Fees for electronic copies reflect the actual cost of duplication.
- Fee waivers: Agencies may waive fees at their discretion, particularly where disclosure is determined to be in the public interest.
Accepted payment methods at the Fayette County Clerk's Office include cash, check, and money order. Members of the public should confirm current fees directly with the relevant office prior to submitting a request.
Does Fayette County Have Free Public Records?
Free inspection of public records is available in Fayette County. Under state law, members of the public have the right to inspect public records at no charge during regular business hours. The obligation to pay fees arises only when copies are requested.
The following resources provide free access to public records:
- The West Virginia Judiciary's online search tools allow free searches of circuit court records from all fifty-five counties statewide.
- The Magistrate Case Record Search provides free online access to magistrate court case information.
- The Fayette County Clerk's Office permits in-person inspection of land records, marriage records, and commission documents at no charge.
- The West Virginia Secretary of State's office provides free online access to business entity records.
The distinction between free inspection and free copies is significant: while inspection carries no fee, obtaining physical or electronic copies may incur reproduction charges as described above.
Who Can Request Public Records in Fayette County?
Any person may request public records in Fayette County. Under the West Virginia Freedom of Information Act, the right of access is not limited to residents of the state or county. Requestors are not required to provide identification or state the purpose of their request as a condition of access to non-restricted records.
- Residency: Not required. Non-residents retain the same rights of access as West Virginia residents.
- Identification: Not required for inspection of most public records, though some offices may request identification for administrative purposes.
- Purpose: Requestors are not required to state a reason for their request under state law.
- Requesting your own records vs. others' records: Individuals requesting their own records, such as personal vital records, may be required to provide proof of identity. Requests for records pertaining to other individuals are subject to the same open records standards, with exemptions applying where personal privacy interests are protected by statute.
Certain record categories, such as sealed court records, juvenile records, and records containing protected personal information, are subject to access restrictions regardless of the identity of the requestor.
What Records Are Confidential in Fayette County?
Not all government records in Fayette County are subject to public disclosure. West Virginia Code § 29B-1-4 enumerates specific categories of records exempt from the Freedom of Information Act. The following records are currently withheld from public access:
- Sealed court records: Records sealed by judicial order are not available for public inspection.
- Juvenile records: Records pertaining to juvenile proceedings are confidential under state law.
- Ongoing investigation records: Law enforcement records related to active investigations are exempt to the extent that disclosure would impede the investigation.
- Personal identifying information: Social Security numbers, financial account data, and similar identifiers are protected from disclosure.
- Medical records: Records protected under HIPAA and state health privacy laws are exempt.
- Adoption records: Adoption proceedings and related documents are sealed by statute.
- Child welfare and protective services records: Records maintained by child protective agencies are confidential.
- Personnel records: Employee records are exempt with limited exceptions for information such as name, position, and compensation.
- Trade secrets and proprietary business information: Commercially sensitive information submitted to government agencies is protected.
- Security plans and infrastructure details: Records the disclosure of which would jeopardize public safety or security are withheld.
As noted in the West Virginia Freedom of Information Act, exemptions are to be construed narrowly, and the burden of demonstrating that a record is exempt rests with the public body asserting the exemption.
Fayette County Recorder's Office: Contact Information and Hours
Fayette County Clerk's Office 100 Court Street, Suite 1 Fayetteville, WV 25840 (304) 574-4219 Fayette County Clerk
Office Hours: Monday – Friday: 8:30 AM – 4:30 PM Closed on state and federal holidays.
The County Clerk serves as the primary custodian of land records, marriage licenses, commission minutes, voter registration records, and business filings in Fayette County.
Fayette County Circuit Court Clerk Fayette County Courthouse 100 Court Street Fayetteville, WV 25840 (304) 574-4233 West Virginia Judiciary – Fayette County
Office Hours: Monday – Friday: 8:30 AM – 4:30 PM
The Circuit Court Clerk maintains civil, criminal, and family court records for the Fifteenth Judicial Circuit. Members of the public may also access statewide circuit court records through the West Virginia Judiciary online portal.
Fayette County Assessor's Office 100 Court Street Fayetteville, WV 25840 (304) 574-4224
The Assessor's Office maintains property assessment records and tax maps for Fayette County.
Fayette County Sheriff's Office (Tax Division) 100 Court Street Fayetteville, WV 25840 (304) 574-3590
The Sheriff's Tax Division maintains property tax payment records and delinquent tax information.